Appeal or revision--what to file??
Querist :
Anonymous
(Querist) 29 November 2011
This query is : Resolved
This a property case in High court.I am to oppose an interim order.
Whether to file a review application in the same Court or to file an appeal in the higher court???
M/s. Y-not legal services
(Expert) 29 November 2011
if its interim order mean you have to go for C.R.P. before your high court under section 115 of c.p.c..
its mean civil revision petition
section 115 of cpc: Revision.
1[(1)] The High Court may call for the record of any case which has been decided by any Court subordinate to such High Court and in which no appeal lies thereto, and if such subordinate Court appears-
(a) to have exercised a jurisdiction not vested in it by law, or
(b) to have failed to exercise a jurisdiction so vested, or
(c) to have acted in the exercise of its jurisdiction illegally or with material irregularity,
the High Court may make such order in the case as it thinks fit:
2[Provided that the High Court shall not, under this section, vary or reverse any order made, or any order deciding an issue, in the course of a suit or other proceeding, except where the order, if it had been made in favour of the party applying for revision, would have finally disposed of the suit or other proceedings.]
3[(2) The High Court shall not, under this section, vary or reverse any decree or order against which an appeal lies either to the High Court or to any Court subordinate thereto.]
4[(3) A revision shall not operate as a stay of suit or other proceeding before the , Court except where such suit or other proceeding is stayed by the High Court.]
3[Explanation.-In this section, the expression "any case which has been decided" includes any order made, or any order deciding an issue in the course of a suit or other proceeding.]
adv. rajeev ( rajoo )
(Expert) 29 November 2011
If any; interium injunction order is given, you will have to file Miscelleneous Appeal in the Appeal Court
Kiran Kumar
(Expert) 29 November 2011
I dont agree with view expressed by Tom
firstly mention the actual status of the case, where the case is pending and at what stage?
Devajyoti Barman
(Expert) 29 November 2011
Which order are you talking about? To be passed by the high court or has already been passed in the lower court?
If the lower court has passed any interim order then unless Miscellaneous appeal lies as per Order 43 of CPC, you have to file a Revision before the High Court.
Querist :
Anonymous
(Querist) 29 November 2011
I have already written that the case pending in the High Court, it was in Delhi High Court.
prabhakar singh
(Expert) 29 November 2011
Then dear author!
you have also mentioned "I am to oppose an interim order."And it is passed in a property case by Delhi High Court, then it must have been in its original side of suit jurisdiction.
I have still to suppose that by"an interim order"you mean some "interim injunction order" only then the answer given below would be relevant to your query otherwise not is my caution to you.As i feel you lazy in stating facts i have preferred to reply.If it is some other interim order you can check order XLIII as a whole to decide if appeal provided or not.
Not review but appeal depending upon high courts rules read with C.P.C should be filed.
As regards to regular Civil court an injunction order XLIII (1)(r) of CPC provides an appeal as to read it lays as follows:
"ORDER XLIII. APPEALS FROM ORDERS
1. Appeals from orders
An appeal shall lie from the following orders under the provisions of section 104, namely:-..................................
(r) an order under rule 1, rule 2 4[rule 2A], rule 4 or rule 10 of Order XXXIX;...."
I hope the High Court Rules might have either incorporated or adopted this right conferred in CPC.
BUT do not you have a lawyer engaged in your case????????????
kuldeep kumar
(Expert) 29 November 2011
experts views are correct to the extent it is asked therefrom
Rajeev Kumar
(Expert) 29 November 2011
I would like to go with our ld. brothers kiran,Barman and Prabhakar sir
G. ARAVINTHAN
(Expert) 30 November 2011
If it is first time and interim order is exparte, then can file Revision under Article 227 of Constitution of India.
If final order on merits, then CMA before the superior Court
